USCA11 Case: 20-14449 Date Filed: 07/12/2021 Page: 1 of 7
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT ________________________
No. 20-14449 Non-Argument Calendar ________________________
D.C. Docket No. 1:16-cv-24687-KMW
EDGARDO LEBRON,
Plaintiff – Appellant,
versus
ROYAL CARRIBEAN CRUISES, LTD.,
Defendant – Appellee.
________________________
Appeal from the United States District Court for the Southern District of Florida ________________________
(July 12, 2021)
Before JORDAN, NEWSOM, and ANDERSON, Circuit Judges.
PER CURIAM: USCA11 Case: 20-14449 Date Filed: 07/12/2021 Page: 2 of 7
Edgardo Lebron appeals the district court’s denial of his request for pre-
judgment interest on a jury’s lump sum damages award for pain and suffering in a
federal maritime case. Prejudgment interest is generally available for past pain-and-
suffering damages, but unavailable for future pain-and-suffering damages. See
Reichert v. Chemical Carriers, Inc., 794 F.2d 1557, 1559 (11th Cir. 1986). Mr.
Lebron contends that the district court abused its discretion by declining to attempt
to apportion the lump sum award. But Mr. Lebron did not request a jury instruction
on pre-judgment interest, and nor did he request an itemized verdict distinguishing
between past and future damages. He also failed to provide the district court with
an objective method by which to determine which portion of the jury’s award was
attributable to past pain and suffering. We therefore find that the district court did
not abuse its discretion, and affirm.
I
Mr. Lebron filed a complaint in the Southern District of Florida in November
of 2016, asserting one count of negligence against Royal Caribbean Cruises, LTD,
stemming from the maintenance of an ice-skating rink on a cruise ship. Specifically,
Mr. Lebron alleged that a broken lace on a skate and a gouge in the ice acted in
conjunction to create a dangerous condition that caused him to fall and suffer a
serious ankle fracture that required him to be airlifted and undergo surgery.
2 USCA11 Case: 20-14449 Date Filed: 07/12/2021 Page: 3 of 7
After a six-day trial in October of 2018, the jury returned a verdict in favor of the
Mr. Lebron, awarding him $42,005.75 (later reduced to $10,734.21) in past medical
expenses and $625,000 for pain and suffering. This award was reduced to $406,250
in accordance with the jury’s apportionment of 35 percent of the fault to Mr. Lebron.
There was no jury instruction regarding prejudgment interest. Nor was there an
itemized verdict distinguishing between past and future damages.
In December of 2018, the district court entered a directed verdict in favor of
Royal Caribbean. Mr. Lebron appealed, and we reversed and remanded, instructing
the district court to reinstate the jury verdict. See Lebron v. Royal Caribbean
Cruises, LTD., No. 19-10115, 818 F. App’x. 918 (11th Cir. 2020).
On remand, Mr. Lebron filed a motion to enter judgment. He requested a total
award of $470,414.86, which included a prejudgment interest rate of 4.17 percent,
compounded annually, in addition to a post-judgment interest rate of 2.59 percent.
In his reply brief supporting his motion to enter judgment, Mr. Lebron revised that
figure and requested an award of $505,626.21, to reflect the increase in accrued
interest while the case was pending on appeal.
The district court ruled that Mr. Lebron was entitled to prejudgment interest
only with respect to past medical expenses. The district court entered a final
judgment of $418,937.48, consisting of $406,250.00 (65 percent of the jury’s lump
sum award of $625,000 for pain and suffering) and $12,687.4 ($10,734.21 for paid
3 USCA11 Case: 20-14449 Date Filed: 07/12/2021 Page: 4 of 7
medical bills with a prejudgment interest of 4.17 percent compounding annually),
with the total sum to accrue post-judgement interest at a rate of 0.13 percent per
annum.
Mr. Lebron then filed a motion for reconsideration, arguing that 75 percent of
the lump sum for pain and suffering should be considered as an award for past
damages and therefore should have a prejudgment interest rate applied. The district
court denied the motion, noting that Mr. Lebron failed to provide an objective
method by which to determine how much of the jury’s lump sum award (for past
and future pain and suffering) was attributable to past pain and suffering.
This appeal followed. Mr. Lebron argues that the district court abused its
discretion in not awarding prejudgment interest on the lump sum damages award for
pain and suffering.
II
We review a district court’s decision on prejudgment interest for abuse of
discretion. See Parker Towing Co. v. Yazoo River Towing, Inc., 794 F.2d 591, 594
(11th Cir. 1986). An abuse of discretion occurs if the district court “fails to apply
the proper legal standard or to follow proper procedures in making the
determination, or bases an award upon findings of fact that are clearly erroneous.”
See Federal Trade Commission v. WV Universal Management, 877 F.3d 1234, 1239
(11th Cir. 2017).
4 USCA11 Case: 20-14449 Date Filed: 07/12/2021 Page: 5 of 7
III
We have long recognized that, “[a]s to future damages [ ], prejudgment
interest is inappropriate.” Reichert, 794 F.2d at 1559. See also Williamson v. Handy
Button Mach. Co., 817 F.2d 1290, 1298 (7th Cir. 1987) (“Interest is not available on
lost future wages and pensions.”); Pickle v. International Oilfield Divers, Inc., 791
F.2d 1237, 1241 (5th Cir. 1986) (“[A] victorious plaintiff has not suffered any delay
in payment of [future damages], whether they have been discounted to present value
or not, and hence there should be no prejudgment interest allowed on them.”); Valley
Line Co. v. Ryan, 771 F.2d 336, 377 (8th Cir. 1985) (prejudgment interest was held
to be improperly awarded on damages for future medical expenses); Williams v.
Reading & Bates Drilling Co., 750 F.2d 487, 491 (5th Cir. 1985) (prejudgment
interest may not be awarded with respect to future damages); City of New York v.
Bernstein, 332 F.2d 1006, 1008 (2d Cir. 1964) (“To the extent that there are elements
of future losses which are represented in the final damages prejudgment interest is,
of course, not appropriate.”).
We have said it is within a district court’s discretion to award prejudgment
interest for pain and suffering, and to undertake a calculation to determine what
portion of an award is for past pain and suffering. See, e.g., Reichert, 794 F.2d at
1559. But we have never held that the district court is required to engage in such a
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USCA11 Case: 20-14449 Date Filed: 07/12/2021 Page: 1 of 7
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT ________________________
No. 20-14449 Non-Argument Calendar ________________________
D.C. Docket No. 1:16-cv-24687-KMW
EDGARDO LEBRON,
Plaintiff – Appellant,
versus
ROYAL CARRIBEAN CRUISES, LTD.,
Defendant – Appellee.
________________________
Appeal from the United States District Court for the Southern District of Florida ________________________
(July 12, 2021)
Before JORDAN, NEWSOM, and ANDERSON, Circuit Judges.
PER CURIAM: USCA11 Case: 20-14449 Date Filed: 07/12/2021 Page: 2 of 7
Edgardo Lebron appeals the district court’s denial of his request for pre-
judgment interest on a jury’s lump sum damages award for pain and suffering in a
federal maritime case. Prejudgment interest is generally available for past pain-and-
suffering damages, but unavailable for future pain-and-suffering damages. See
Reichert v. Chemical Carriers, Inc., 794 F.2d 1557, 1559 (11th Cir. 1986). Mr.
Lebron contends that the district court abused its discretion by declining to attempt
to apportion the lump sum award. But Mr. Lebron did not request a jury instruction
on pre-judgment interest, and nor did he request an itemized verdict distinguishing
between past and future damages. He also failed to provide the district court with
an objective method by which to determine which portion of the jury’s award was
attributable to past pain and suffering. We therefore find that the district court did
not abuse its discretion, and affirm.
I
Mr. Lebron filed a complaint in the Southern District of Florida in November
of 2016, asserting one count of negligence against Royal Caribbean Cruises, LTD,
stemming from the maintenance of an ice-skating rink on a cruise ship. Specifically,
Mr. Lebron alleged that a broken lace on a skate and a gouge in the ice acted in
conjunction to create a dangerous condition that caused him to fall and suffer a
serious ankle fracture that required him to be airlifted and undergo surgery.
2 USCA11 Case: 20-14449 Date Filed: 07/12/2021 Page: 3 of 7
After a six-day trial in October of 2018, the jury returned a verdict in favor of the
Mr. Lebron, awarding him $42,005.75 (later reduced to $10,734.21) in past medical
expenses and $625,000 for pain and suffering. This award was reduced to $406,250
in accordance with the jury’s apportionment of 35 percent of the fault to Mr. Lebron.
There was no jury instruction regarding prejudgment interest. Nor was there an
itemized verdict distinguishing between past and future damages.
In December of 2018, the district court entered a directed verdict in favor of
Royal Caribbean. Mr. Lebron appealed, and we reversed and remanded, instructing
the district court to reinstate the jury verdict. See Lebron v. Royal Caribbean
Cruises, LTD., No. 19-10115, 818 F. App’x. 918 (11th Cir. 2020).
On remand, Mr. Lebron filed a motion to enter judgment. He requested a total
award of $470,414.86, which included a prejudgment interest rate of 4.17 percent,
compounded annually, in addition to a post-judgment interest rate of 2.59 percent.
In his reply brief supporting his motion to enter judgment, Mr. Lebron revised that
figure and requested an award of $505,626.21, to reflect the increase in accrued
interest while the case was pending on appeal.
The district court ruled that Mr. Lebron was entitled to prejudgment interest
only with respect to past medical expenses. The district court entered a final
judgment of $418,937.48, consisting of $406,250.00 (65 percent of the jury’s lump
sum award of $625,000 for pain and suffering) and $12,687.4 ($10,734.21 for paid
3 USCA11 Case: 20-14449 Date Filed: 07/12/2021 Page: 4 of 7
medical bills with a prejudgment interest of 4.17 percent compounding annually),
with the total sum to accrue post-judgement interest at a rate of 0.13 percent per
annum.
Mr. Lebron then filed a motion for reconsideration, arguing that 75 percent of
the lump sum for pain and suffering should be considered as an award for past
damages and therefore should have a prejudgment interest rate applied. The district
court denied the motion, noting that Mr. Lebron failed to provide an objective
method by which to determine how much of the jury’s lump sum award (for past
and future pain and suffering) was attributable to past pain and suffering.
This appeal followed. Mr. Lebron argues that the district court abused its
discretion in not awarding prejudgment interest on the lump sum damages award for
pain and suffering.
II
We review a district court’s decision on prejudgment interest for abuse of
discretion. See Parker Towing Co. v. Yazoo River Towing, Inc., 794 F.2d 591, 594
(11th Cir. 1986). An abuse of discretion occurs if the district court “fails to apply
the proper legal standard or to follow proper procedures in making the
determination, or bases an award upon findings of fact that are clearly erroneous.”
See Federal Trade Commission v. WV Universal Management, 877 F.3d 1234, 1239
(11th Cir. 2017).
4 USCA11 Case: 20-14449 Date Filed: 07/12/2021 Page: 5 of 7
III
We have long recognized that, “[a]s to future damages [ ], prejudgment
interest is inappropriate.” Reichert, 794 F.2d at 1559. See also Williamson v. Handy
Button Mach. Co., 817 F.2d 1290, 1298 (7th Cir. 1987) (“Interest is not available on
lost future wages and pensions.”); Pickle v. International Oilfield Divers, Inc., 791
F.2d 1237, 1241 (5th Cir. 1986) (“[A] victorious plaintiff has not suffered any delay
in payment of [future damages], whether they have been discounted to present value
or not, and hence there should be no prejudgment interest allowed on them.”); Valley
Line Co. v. Ryan, 771 F.2d 336, 377 (8th Cir. 1985) (prejudgment interest was held
to be improperly awarded on damages for future medical expenses); Williams v.
Reading & Bates Drilling Co., 750 F.2d 487, 491 (5th Cir. 1985) (prejudgment
interest may not be awarded with respect to future damages); City of New York v.
Bernstein, 332 F.2d 1006, 1008 (2d Cir. 1964) (“To the extent that there are elements
of future losses which are represented in the final damages prejudgment interest is,
of course, not appropriate.”).
We have said it is within a district court’s discretion to award prejudgment
interest for pain and suffering, and to undertake a calculation to determine what
portion of an award is for past pain and suffering. See, e.g., Reichert, 794 F.2d at
1559. But we have never held that the district court is required to engage in such a
5 USCA11 Case: 20-14449 Date Filed: 07/12/2021 Page: 6 of 7
calculation. See id. (“the district court did not abuse its discretion in refusing to make
a guess as to the appropriate amount of prejudgment interest”).
Here, Mr. LeBron failed to provide an objective method for the district court
to “determine upon which portion of the judgment, if any, to award prejudgment
interest.” Id. He initially argued that the entire lump sum pain-and-suffering award
should accrue interest, and then in his motion for reconsideration took the position
that only 75 percent of the award was attributable to past damages. To borrow from
the district court, Mr. Lebron “arbitrarily pluck[ed] a number [ ] to speculate as to
the jury’s intention” when he offered an apportionment of 75 percent simply based
on the fact that the majority of his testimony at trial focused on past pain. See D.E.
393 at 6.
Furthermore, Mr. Lebron does not argue that he had “asked for and been
refused a jury instruction on prejudgment interest, or an instruction that the jury
should return an itemized verdict.” Reichert, 794 F.2d at 1559. After a jury returns
a verdict, it is often too late to consider how the damages should have been
calculated, proved, and awarded. See Deakle v. John E. Graham & Sons, 756 F.2d
821, 834 (11th Cir. 1985). “Relying on an appellate court to sort through the record
and calculate the appropriate damages merely delays achieving a just and reasonably
accurate final judgment.” Id.
6 USCA11 Case: 20-14449 Date Filed: 07/12/2021 Page: 7 of 7
We do not suggest that there are no circumstances under which a district court
may decide to apportion a lump-sum damages award after a jury has returned a
verdict. After all, out-of-circuit case law, cited by Mr. LeBron, indicates that it can
be unfair to “punish a plaintiff by denying him interest… because of an oversight by
his attorney.” McDill v. VSSI Tokyo, Inc., 920 F. Supp. 727, 730 (S.D. Tex. 1996).
But we have declined to place the burden of correcting a party’s error on the district
court. For prejudgment interest to be properly awarded, “there must be some way
for the court to determine the correct amount to award,” Reichert, 794 F.2d at 1559,
and here Mr. LeBron failed to provide the district court with such a method. The
district court was well within its discretion to reject Mr. Lebron’s method of simply
looking at how much of the trial testimony referred to past pain—a proposal he only
raised in his motion for reconsideration, after initially contending that the entire
lump sum damages award was attributable to past pain and suffering.
IV
We affirm the district court’s final judgment and denial of Mr. Lebron’s
motion for reconsideration.
AFFIRMED.